LEmon Law
Last edited by bluebanana23; Jan 27, 2005 at 11:26 AM.
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Every state has their own Lemon Law. I know (first-hand) that in Texas there are a few of ways to get the Lemon Law:
1. The car is repaired twice in the first 12 months/12,000 miles and twice in the second 12/12k without fixing the problem.
2. If repair is for a serious safety hazard, it's once in the first 12/12k and once in the second 12/12k without fixing the problem.
3. If the car is repaired twice in the first 12/12k and is out of commission for more than 30 days without fixing the problem. (If you're given a loaner vehicle, the time doesn't count.)
There are also rules about notification of the manufacturer, the manufacturer's right to repair or replace, etc.
But, all states are different, so check you're state's consumer protection website. You should be able to get to it from you're state government's website. Good luck.
1. The car is repaired twice in the first 12 months/12,000 miles and twice in the second 12/12k without fixing the problem.
2. If repair is for a serious safety hazard, it's once in the first 12/12k and once in the second 12/12k without fixing the problem.
3. If the car is repaired twice in the first 12/12k and is out of commission for more than 30 days without fixing the problem. (If you're given a loaner vehicle, the time doesn't count.)
There are also rules about notification of the manufacturer, the manufacturer's right to repair or replace, etc.
But, all states are different, so check you're state's consumer protection website. You should be able to get to it from you're state government's website. Good luck.
Taken from http://www.autolemonlaws.com/nevada/lemonlaw.htm#2 (boldface mine):
BTW, you should probably read the whole document in the link, or get a lawyer who's done Lemon Law stuff before. It's not really that hard, though. Good Luck.
597.630 Duties of manufacturer
If motor vehicle cannot be conformed to express warranties.
1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lien holder if any, as their interests may appear.
2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
If motor vehicle cannot be conformed to express warranties.
1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lien holder if any, as their interests may appear.
2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
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Lemon laws are state specific. That being said, there are federal guidelines for states to follow.
I have fisrt hand knowledge of the Lemon LAw in CA....MY Evo was bought back in Dec. In CA, the car has to be in for service 4 times without a satisfactory repair. It doesn't have to all happen in one calendar year. Your first visit just needs to occur within the vehicles warranty period.
I have fisrt hand knowledge of the Lemon LAw in CA....MY Evo was bought back in Dec. In CA, the car has to be in for service 4 times without a satisfactory repair. It doesn't have to all happen in one calendar year. Your first visit just needs to occur within the vehicles warranty period.
STOP the bus Dont even think about doing anything with the lemon law UNTIL you go through ARBITRATION FIRST. Its in you warrenty manual. I almost lost a case because I didnt do ARBITRATION FIRST. Regaurdless of what state you live in do this first. If you go for lemon law before arbitration you will have waisted 3-6 months of time to have your case thrown out.
Originally Posted by newevo8
STOP the bus Dont even think about doing anything with the lemon law UNTIL you go through ARBITRATION FIRST. Its in you warrenty manual.
Definitely before you do ANYTHING read the Lemon Law in your state, and your sales contract. Good point.